A Lompoc Superior Court judge ruled Tuesday afternoon that a former airman accused in a double-manslaughter case must provide a DNA sample.
Shaquille Lindsey, 25, has been charged in the August 2016 crash that killed Ruben and Bertha Betancourt and injured one of their sons.
Lindsey is accused of speeding and crossing the double yellow lines while driving under the influence of drugs and alcohol when the crash occurred on Santa Lucia Canyon Road near the Lompoc Federal Correctional Complex.
Vandenberg Air Force Base personnel initially investigated the case and a federal grand jury indicted Lindsey, but a federal judge later tossed the case after the defense raised jurisdictional issues.
Weeks later, the Santa Barbara County District Attorney’s Office filed charges against Lindsey, leading to pair of assistant U.S. attorneys being sworn in as deputy district attorneys to continue prosecuting the case.
Lindsey has been charged with two felony counts of gross vehicular manslaughter while intoxicated and one felony count of driving under the combined influence of alcohol and drugs causing injury. He also faces criminal enhancements for causing great bodily injury, according to the court complaint.
Questions have been raised about the blood sample drawn by Marian Regional Medical Center and tested by the Armed Forces Medical Examiner System plus a defense-chosen lab, and prosecutors filed a motion last month asking the judge to order Lindsey to provide a DNA sample to resolve the dispute.
The defense, including Linsdey’s mother, Georgia attorney Stephanie Lindsey, and Santa Barbara attorney Kenneth Hamilton, contend that the blood type in the sample did not match the defendant’s.
But they also objected to the prosecution seeking a DNA sample from the defendant, challenging whether the sample would be suitable for testing.
On Tuesday afternoon, Judge Raimundo Montes de Oca said he found the prosecution’s request justifiable, adding that the best way to settle the question about whether the blood came from the defendant would be for him to submit a DNA sample.
The Lindseys were not in court for Tuesday’s hearing, but Stephanie Lindsey participated via telephone.
Julian Andre from the U.S. Attorney’s Office represented the prosecution team for the hearing.
A preliminary hearing to determine whether Lindsey will stand trial for the charges is tentatively set for May 3, with the judge leaving open the possibility of a delay if the testing is not completed.
— Noozhawk North County editor Janene Scully can be reached at jscully@noozhawk.com. Follow Noozhawk on Twitter: @noozhawk, @NoozhawkNews and @NoozhawkBiz. Connect with Noozhawk on Facebook.